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AN 

ACCOUNT 

OF  THE  ASSASSINATION  OF 

LOYAL  CITIZENS 


OF 


NORTH  CAROLINA 

FOR 

HAVING   SERVED    IN   THE   UNION   ARMY 

WHICH  TOOK  PLACE  AT  KINGSTON 

IN  THE  MONTHS 

OF  FEBRUARY  AND  MARCH  1864 


BY 


RUSH  C.  HAV/KINS 


NEW  YORK 

MDCCCLXXXXVII 


'J?  '>  ^)  i\ 


^'"^ 


V>? 


EXPLANATORY. 

THE  following  account  of  an  atrocious  crime  was  written 
thirty-one  years  ago,  at  a  time  when  all  the  incidental  facts 
attending  and  preceding  it  were  fresh  in  my  mind.  It  would 
be  diificult  to  state  the  exact  why  it  was  written.  But  prob- 
ably because  there  had  to  be  a  vent  for  an  outward  pressure 
of  suppressed  indignation  which  could  not  be  controlled.  An 
wanton  and  cruel  assassination  of  twenty-two  perfectly  inno- 
cent men  had  been  perpetrated,  practically,  by  the  order  of 
an  inhuman  monster  who  had  been  placed  beyond  the  reach  of 
the  power  to  punish,  by  the  operation  of  an  entirely  unneces- 
sary compact,  flowing  from  the  final  defeat  of  the  rebel  army. 
From  no  standpoint  either  of  politics,  policy  or  human- 
ity, could  the  terms,  in  their  entirety,  granted  at  the  time  of 
the  surrender  be  defended. 

Holding  myself,  though  unwittingly,  responsible  for 
placing  these  murdered  victims  in  a  position  which  caused 
them  to  be  assassinated;  indignant  that  their  murderer,  by  an 
untoward  blunder,  had  been  placed  beyond  the  reach  of  the 
infliction  of  a  just  punishment,  my  grief  and  chagrin  knew  no 
bounds.  These  feelings  had  burned  within  me  until  the 
oppression  of  silence  was  too  much  to  bear,  and  under  the 
full  glow  of  feverish  heat,  this  narrative  was  written;  and 
now,  thirty  years  and  more  since  it  was  penned,  I  am  not  dis- 
posed to  change  a  single  word  or  phrase  save  in  the  interest  of 
better  expression. 

I  believe  to-day  as  I  did  thirty-two  years  ago,  that 


General  Grant's  terms  at  Appomatox,  were  unnecessarily 
lenient  and  under  the  circumstances,  uncalled  for  ;  not  in  re- 
gard to  the  rank  and  file,  but  for  including  the  leaders  who 
were  largely  responsible  for  a  perfectly  causeless,  useless  and 
merciless  (at  least  on  one  side)  war. 

In  1870  Henry  B.  Dawson,  a  well  known  writer  and 
publisher  of  out-of-the-way  incidents  relating  to  American 
history,  had  planned  to  publish  a  series  of  such  incidents 
growing  out  of  the  rebellion.  The  copy  now  used  was  made 
for  him,  has  remained  unseen  for  upwards  of  a  quarter  of  a 
century  and  is  now  permitted  to  come  to  the  surface — because 
a  friend  of  sound  judgment  who  heard  a  part  of  it  read,  re- 
gards it  as  a  contribution  to  history  of  sufficient  importance 
to  be  preserved. 

R.  C.   H. 

New  York,  December  i,  1897. 


Letter  to  Mr.  Dawson. 

Henry  B.  Dawson,  Esq., 

My  Dear  Sir  : 

The  accompanying  paper  relating  to  the  execution 
of  loyal  North  Carolina  soldiers  by  the  order  of  the  rebel 
General  Pickett,  was  written  early  in  the  year  1867,  during 
the  infamous  administration  of  Andrew  Johnson.  Those  who 
read  it  will  naturally  come  to  the  conclusion  that  my  feelings 
were  strongly  enlisted,  and  that  some  of  my  expressions  are 
more  remarkable  for  strength  than  either  good  taste  or 
elegance. 

I  have  never  been  a  convert  to  the  policy  of  our  Govern- 
ment, relating  to  the  rebels  after  they  were  compelled  to 
surrender.  The  consequence  of  their  acts  cost  the  National 
Government  nearly  seven  billions  of  money,  the  States  nearly 
as  much  more  and  entailed  a  loss  to  of  about  three  hundred 
and  fifty  thousand  of  valuable  lives  ;  besides  grief,  poverty 
and  individual  suffering  which  it  is  impossible  to  estimate; 
and  yet,  up  to  this  time  the  men  who  brought  about  this 
great  loss  of  life  and  untold  misery  to  thousands  of  house- 
holds, have  escaped  all  punishment,  and  a  majority  of  them, 
no  doubt,  feel  that  they  are  at  liberty  as  soon  as  they  regain 
sufficient  strength,  to  undertake  another  rebellion. 

I  have  yet  to  learn  of  any  good  results  to  the  Nation,  in 
consequence  of  this  indiscriminate,  senseless  and  unprecedent- 


K 


ed  pardoning  of  rebels.  On  the  contrary  it  has  led  them  to  be- 
lieve that  our  respect  for  their  individual  superiority  and 
bravery,  has  caused  us  to  sheath  the  sword  of  justice  which 
should  have  fallen  upon  many  of  their  necks  ;  nor  have  I  been 
able  to  ascertain  that  there  is  any  more  liberty  of  speech,  or 
protection  for  person  or  property  in  the  rebel  States  to-day 
than  there  was  in  1861.  In  many  districts,  I  believe  th^t  the 
hatred  against  the  Northern  people  is  greater  than  ever,  and 
the  open  expression  of  it  more  violent.  If  the  truth  of  this 
statement  in  relation  to  present  conditions  in  the  South  is 
admitted,  then  we  may  inquire  what  good  has  been  accom- 
plished by  the  exercise  of  this  uncalled-for  and  unusual 
clemency? 

Yours  faithfully, 

Rush  C.  Hawkins. 
N.  Y.,  November  i,  1870. 


IN  the  month  of  February,  1862,  I  was  placed  by  Gen'l 
Burnside  in  command  at  Roanoke  Island,  North  Carolina. 
This  gave  me  control  of  the  towns  on  the  Albemarle,  Croatan 
and  Carratuck  Sounds,  and  also  those  on  the  Roanoke,  Chow- 
an, Columbia,  Hertford  and  Pasquotank  Rivers.  Lieut. -Com- 
mander Charles  W.  Flusser,  U.  S.  Navy,  originally  from  Mary- 
land, was  left  in  command  of  the  naval  division  in  those  waters. 
Soon  after  assuming  control  of  my  district,  1  ascertained  that 
there  were  among  the  non-slaveholding  population,  many 
who  professed  sentiments  of  loyalty  to  the  Union,  and  that 
they  had  expressed  a  determination  never  to  serve  in  the  ranks 
of  the  rebel  army.  In  fact,  so  strong  were  their  expressions 
of  loyalty  that  Lieut. -Commander  Flusser  became  deeply 
impressed  with  their  truthfulness  and  sincerity,  and  con- 
stantly urged  upon  me  the  importance  of  enlisting  these 
unionists  in  the  cause  of  their  country;  and  the  more  exten- 
sive his  intercourse  with  them,  the  more  he  became  convinced 
that  nearly  all  of  the  non-slaveholding  inhabitants  of  certain 
parts  of  my  district  were  still  devoted  to  the  old  Govern- 
ment. He  found  that  many  of  them  had  successfully  resisted 
rebel  conscription,  and  had  never  given  their  allegiance  to  the 
rebel  cause.  Very  few  of  them  were  interested  in  slavery, 
and  consequently  had  no  reason  for  aiding  the  rebellion. 
They  worked  in  their  fields  in  parties,  with  arms  near  at 


8 

hand,  during  the  day,  and  at  night  resorted  to  the  swamps  for 
shelter  against  conscripting  parties  of  rebel  soldiers;  and  by 
thus  constantly  being  on  the  alert  succeeded  in  rendering  un- 
availing all  efforts  of  the  rebels  to  force  them  into  the  ranks  of 
their  army. 

In  several  interviews  which  I  had  with  Lieut. -Com- 
mander Flusser,  he  urged  me  to  occupy  the  town  of  Plymouth, 
and  to  organize  the  Union  men  of  that  vicinity  into  a  regi- 
ment of  soldiers.  In  a  letter  to  me  of  May  28,  1862,  he  said: 
"There  is  nothing  new  of  interest  except  a  very  strong 
expression  of  Union  sentiment.  We  will  miss  the  golden 
opportunity  if  we  do  not  promptly  send  small  detachments  of 
men  to  the  towns  on  the  Sound  and  arm  the  loyal  people. 
They  are  eager  to  be  enlisted,  and  we  seem  to  be  indifferent 
— apathetic." 

"It  must  be  by  the  act  of  the  people  of  a  State  that 
that  State  shall  be  brought  back  to  its  allegiance.  Then  it 
seems  to  me  to  be  the  part  of  wisdom  to  foster  and  encour- 
age the  feeling,  and  expression  of  the  feeling  of  loyalty 
whenever  found,  and  to  the  utmost  of  our  power." 

"  If  I  had  350  or  400  muskets,  with  ammunition,  I 
could  soon  find  Union-loving  men  to  take  them  and  use  them 
well  in  our  cause." 

In  a  letter  dated  June  2,  1862,  to  General  Burnside,  I 
wrote : 

"  Lieut. -Commander  Flusser  is  exceedingly  anxious  to 
put  arms  in  the  hands  of  the  Union  citizens  of  Washington 


County.  He  says  he  can  raise  350  men  in  a  very  short  time. 
I  shall  go  to  Plymouth  on  Wednesday  and  see  for  myself,  and 
if  I  think  there  are  competent  leaders  who  can  be  trusted,  1 
will  supply  them  with  arms  and  ammunition,  unless  you 
should  otherwise  order." 

Previous  to  this  communication  I  had  had  several  con- 
versations with  General  Burnside  in  relation  to  this  matter; 
and  the  final  result  was  that  he  placed  the  details  of  forming 
a  North  Carolina  Union  regiment  in  my  hands,  and  gave  me 
full  power  to  do  whatever  I  might  deem  best  for  the  interests 
of  the  service. 

Word  was  sent  to  Commander  Flusser  to  notify  the 
Union  citizens  to  be  present  at  Plymouth  a  certain  day,  when 
Commodore  Rowan  and  myself  would  meet  them  for  the 
purpose  of  ascertaining  the  extent  of  existing  Union  sentiment, 
and  to  see  to  what  use,  if  any,  this  sentiment  might  be  put 
for  the  public  service.  And  accordingly,  upon  the  day  fixed, 
we  met  some  two  hundred  and  fifty  Union  men,  and  a  free 
interchange  of  views  in  relation  to  the  affairs  of  the  country 
took  place  ;  patriotic  addresses  were  made  by  Commodore 
Rowan  and  myself,  eliciting  the  most  hearty  approval  from 
nearly  all  present. 

Many  questions  were  asked  and  answered;  but  there 
was  evidently  one  matter  of  great  concern  with  them.  The 
anxiety  of  these  loyal  North  Carolinians  seemed  to  hinge  upon 
one  point,  and  that  was,  ' '  What  will  become  of  us  in  case  we 
are  captured  by  the  rebels  ?  "     We  assured  them  that  the  Govern- 


ment  of  the  United  States  would  protect  them  and  their  families  to 
the  last  extreme  ;  and  that  the  Southern  men  who  placed  themselves 
under  the  protection  of  the  flag  ivould,  by  fighting  in  the  ranks  of 
our  army  and  upholding  the  authority  of  the  couuiry,  be  looked  upon 
as  special  wards  of  the  Government  j  and  that  any  outrage  perpe- 
trated upofi  them,  or  upon  their  families  would  be  severely  ptmished. 
This,  to  them  the  all-important  point,  being  settled  to  their 
satisfaction,  they  expressed  their  willingness  to  become  sol- 
diers in  the  ranks  of  the  Union  army.  An  enlistment  roll  was 
accordingly  made  out,  and  about  one  hundred  men  signed  their 
names  at  once  for  service  in  the  army  of  their  country. 
Others  returned  to  their  homes  to  confer  with  their  families 
and  embrace  them,  perhaps  for  the  last  time,  and  with  re- 
newed confidence  they  returned  to  join  their  companions  in 
arms. 

To  me  this  was  one  of  the  most  solemn  and  interesting 
occasions  I  had  thus  far  witnessed  in  the  public  service.  The 
confiding  simplicity  and  earnestness  of  these  humble,  unedu- 
cated people,  made  a  deep  impression  upon  me.  Patriotism 
in  the  North,  at  that  time,  was  one  thing,  while  loyalty  to  the 
flag  in  the  South  was  quite  another.  In  the  Free  States,  every- 
where unless  perhaps  in  New  York  City,  it  was  an  easy  matter 
to  be  loyal  and  to  talk  and  act  in  accordance  with  ideas 
of  patriotic  devotion  to  duty  ;  but  in  the  South,  even  to 
breathe  one  word  in  favor  of  the  old  Government,  or  to  do 
a  single  act  which  might  awaken  a  suspicion  that  one  was 
not  committed  body  and  soul  for  the  success  of  the  rebel 
cause,  might  bring  the   infliction   of  every  kind  of  fiendish 


insult  and  outrage,  from  which  neither  age  nor  sex  was  ever 
spared.  Yet  these  "poor  whites,"  as  they  were  called  by  the 
planters,  living  in  the  swamps  of  North  Carolina,  oppressed, 
unprotected,  braved  all;  exhibiting  the  highest  order  of  cour- 
age, patriotism  and  devotion  to  the  cause  of  their  country  ; 
remaining  true  in  the  midst  of  the  false,  and  faithful  when  all 
around  were  faithless. 

Out  of  the  North  Carolinians  who  had  thus  offered  for 
service,  the  "First  North  Carolina  Volunteers"  was 
assembled  at  Plymouth  and  placed  under  the  command  of 
Captain  W.  H.  Hammill,  of  my  regiment,  for  instruction 
and  discipline.  I  continued  in  control  of  enlistments  and 
formation  until  July  lo,  1862,  when  General  Burnside,  with 
the  Coast  Division,  of  which  my  command  was  a  part, 
was  ordered  to  join  the  Army  of  the  Potomac,  and  I  heard 
nothing  more  of  our  North  Carolinian  soldiers  until  the  spring 
of  1864.  But  during  this  time  it  is  certain  that  from  the 
beginning,  which  we  have  thus  described,  two  regiments  of 
loyal  North  Carolinians,  trusting  to  our  word  and  promise  as 
officers  of  the  United  States  service,  had  come  into  existence. 

With  these  preliminary  remarks  the  reader  will  clearly 
comprehend  the  narration  of  facts  which  aWto  follow. 

On  the  I  St  of  February,  1864,  a  large  rebel  force  under 
the  command  of  Major  General  G.  E.  Pickett,  a  native  of 
Virginia  and  a  graduate  of  West  Point,  made  an  advance 
upon  Newbern,  N.  C,  and  after  destroying  the  gunboat 
Underwriter,  burning  a  bridge  or  two  and  capturing  a  con- 


siderable  number  of  prisoners,  they  withdrew  to  the  town  of 
Kingston,  some  twenty  miles  off,  where  a  halt  was  made  and 
General  Pickett's  headquarters  established.  It  was  soon  ascer- 
tained by  the  rebel  commander  that  among  the  prisoners 
captured,  there  were  several  natives  of  North  Carolina,  who 
had  enlisted  in  our  service.  This,  in  his  opinion,  was  the 
most  unpardonable  of  crimes,  and  deserving  of  speedy  and 
cruel  punishment.  Accordingly,  a  court  martial  was  con- 
vened, which  was  composed  of  Virginians,  and  these  un- 
fortunnte  North  Carolinians,  guilty  of  no  other  offense  than 
loyalty  to  their  Government,  were  placed  upon  trial — a  per- 
fect mockery  of  all  justice — on  the  charge  of  deserting  from 
the  rebel  cause  and  entering  the  service  of  the  United 
States.  It  is  needless  to  say  that  a  large  number  of  them 
were  condemned  and  sentenced  to  be  hung,  as  will  appear 
from  the  action  of  the  Union  General  Ruger,  commanding  the 
district  of  Eastern  North  Carolina,  who,  learning  of  these  out- 
rages, ordered  a  board  of  officers  "  to  inquire  into  and  report 
the  facts  concerning  the  murder  of  United  States  soldiers  at 
Kingston,  N.  C,  by  the  rebels  during  the  winter  and  spring 
of  1864."  This  Board,  during  their  several  sittings,  examined 
some  twenty-eight  witnesses,  and  finally  rendered  a  report 
which  tells  a  plain  story.  In  brief,  that  twenty-two  of  these 
loyal  North  Carolinians  were  convicted  of  and  executed  for 
constructive  desertion.  A  few  extracts  from  it  will  show  how 
trials  involving  the  death  sentence  were  wa;/ao-^^  under  rebel 
rule. 


13 

Extracts  from  the  Report  of  the  Board. 

General: 

******* 
There  was  a  large  number  of  Union  soldiers  hung  at 
Kingston,  N.  C,  by  the  rebels  during  the  months  of  February 
and  March,  1864.  There  is  a  discrepancy  as  to  the  number  of 
men  executed,  but  the  testimony  is  substantially  as  follows, 
viz. : 

"The  rebels  executed  twenty-three  or  twenty-four 
men,  said  to  have  been  United  States  soldiers,  at  Kingston, 
N.  C.  Two  men  were  hung  first,  thirteen  next  and  five 
lastly."  [Testimony  of  Josiah  Wood.]  Other  evidence 
shows  that  twenty-two  United  States  soldiers  have  been 
hung;  two  at  first  were  executed  together,  afterwards 
thirteen  and  lastly  seven  [testimony  of  W.  F.  Huggins].  All 
the  testimony  agrees  that  there  were  three  separate  execu- 
tions; also  that  the  number  hung  at  the  first  two  executions 
were  two  and  thirteen,  and,  in  the  opinion  of  the  Board, 
seven  is  the  number  of  those  who  were  the  victims  of  the 
last  execution,  which  gives  a  total  of  twenty-two. 

The  first  of  these  executions  took  place  between  the 
ist  and  15th  of  February,  1864;  the  second,  the  15th  of  Feb- 
ruary, 1864;  and  the  last  one  in  the  month  of  March,  1864. 
******* 
The  following  list  of  names  includes  all  the  enlisted 
men  of  the  Second  North  Carolina  Volunteers  believed  to 
have  been  hung  by  the  rebels,  viz. :  W.  D.  Haddock,  William 


14 

Jones,  William  H.  Dougherty,  John  I.  Brock,  John  Freeman, 
Mitchell  Busick,  Wm.  L.  Bryan,  Wm.  Irvine,  Wm.  I.  Hill, 
Lewis  Taylor,  Calvin  I.  Haigman,  Jesse  L.  Lummerlin,  Joseph 
Brock,  Andrew  I.  Britton,  Stephen  Jones,  Elijah  Kellum,  John 
Stanley,  Lewis  Freeman,  Amos  Aymlett,  David  Jones,  Charles 
Cotterell  and  Joseph  Hackett. 

*  *  *  ?v  *  *  * 

After  the  capture  of  these  men  at  Beechgrove,  N.  C, 
they  were  confined  in  the  Court  House  at  Kingston  until  they 
were  removed  to  the  dungeon  of  the  old  jail,  where  they 
remained  until  they  were  executed  under  the  most  cruel  and 
debasing  treatment,  and  were  rescued  from  starvation  only  by 
their  friends  supplying  them  with  food.  Nor  did  the  out- 
rages perpetrated  upon  the  victims  of  this  wholesale  slaughter 
cease  with  cruel  treatment  or  death  itself  Their  dead  bodies 
were  stripped  of  their  clothing  almost  or  quite  to  a  state  of 
nudity,  to  be  contemptuously  left  for  their  relatives  to  gather 
up  and  inter,  delivered  to  experimenting  surgery  like  common 
felons,  or  scooped  into  a  common  grave  at  the  foot  of  the 
gallows,  while  their  families  were  insulted,  robbed  of  their 
property  and  left  to  depend  upon  the  charity  of  friends  (while 
those  who  defended  them  were  themselves  in  danger),  or  to 
suffer  for  mere  subsistence. 

The  testimony  of  J.  H.  Nethercutt  proves  conclusively 
that  these  men  belonged  to  the  local  North  Carolina  service, 
and  that  they  never  had  been  Confederate  soldiers;  therefore, 
in  the  opinion  of  the  Board,  a  Confederate  States  court  mar- 
tial had  no  jurisdiction   over  them;   and,  further,   the  court 


15 

martial  virtually  acknowledged  its  incapacity  in  the  case  of 
Clinton  Cox,  who  was  arraigned  upon  the  same  charge,  but 
who,  it  appears,  was  saved  from  the  fate  of  the  others  by  the 
testimony  of  Capt.  G.  W.  Cox  (of  a  local  N.  C.  company), 
which  was  to  the  effect  that  Clinton  Cox  had  belonged  to  his 
company,  but  that  he  had  not  deserted,  because  he  did  not 
consider  leaving  a  local  company  to  be  desertion  from  the 
Confederate  service.  Witnesses  and  counsel  were  denied  to 
the  other  men,  and  they  were  hung;  while  their  cases  were 
parallel  or  as  aggravated.  It  is  the  opinion  of  the  Board  that 
further  investigation  would  prove  that  Elijah  Kellum  never 
had  been  in  the  local  or  Confederate  service,  but  that  he  was 
fraudulently  reported  as  conscripted  by  a  Captain  Wilson  of 
Jones  Co.,  N.  C,  enrolling  officer  in  the  rebel  service. 
*  *  *  *  *  *  * 

The  rebel  General  Pickett  was  in  command  of  the  De- 
partment of  Eastern  North  Carolina,  and  approved  the  sen- 
tence of  death  passed  by  the  court  martial  and  ordered  the 
execution  of  these  United  States  soldiers;  Gen.  Hoke  in 
command  at  Kingston,  N.  C,  was  charged  with  the  execu- 
tion, aided  by  Pickett's  Provost  Guard  and  several  volunteer 
hangmen,  one  of  whom  was  known  as  Blunt  King  of  Gold- 
borough,  N.  C.  The  person  who  hung  the  thirteen  is  known 
as  a  tall  dark-complexioned  man  with  a  cross  or  squint  eye — 
a  resident  of  Raleigh;  his  name  the  Board  has  been  unable 
to  learn.  The  proof  of  the  unparalled  barbarities  of  the 
last  two  men  above  mentioned  is  very  positive  and  abundant. 

The  object  of  this  sacrifice  of  human  life,  perpetrated 


i6 

by  rebel  officers,  was,  in  the  opinion  of  the  Board,  to  terrify 
the  loyal  people  of  North  Carolina;  to  make  them  subservient 
to  the  scheme  of  rebellion,  and  to  bring  contempt  upon  the 
Government  its  victims  represented.  The  way  the  bodies  of 
these  murdered  men  were  treated;  the  contempt  shown  to  the 
persons  and  property  of  the  widows;  also  the  contemptuous 
language  with  reference  to  the  uniform  of  the  United  States 
used  by  Gen.  R.  F.  Hoke  in  appealing  to  the  pride  and  sensi- 
bilities of  Bryan  McCullum,  is  sufficient  evidence  that  they 
were  determined  to  take  the  lives  of  these  men  for  the  pur- 
pose of  intimidation,  which  is  further  evident  from  the  fact 
that  they  were  refused  either  counsel  or  the  taking  of  testi- 
mony favorable  to  them.  It  appears  that  those  who  volun- 
teered to  put  these  men  to  death  were  actuated  by  a  spirit  of 
fiendish  thirst  for  blood.  Those  directly  implicated  in  the 
execution  were,  viz. : 

"The  court  martial,  of  which  the  Board  are  unable  to 
learn  the  names  of  the  members;  the  rebel  General  Pickett, 
who  ordered  the  execution;  the  rebel  General  R.  F.  Hoke, 
who  performed  the  execution;  Colonel  Boker,  who  robbed 
and  persecuted  their  widows;  Blunt  King  and  another  volun- 
teer hangman  unknown.  *  *  * 

"It  is  the  opinion  of  the  Board  that  these  men  have 
violated  the  rules  of  war  and  every  principle  of  humanity, 
and  are  guilty  of  crime  too  heinous  to  be  excused  by  the 
Government  of  the  United  States;  and  therefore  there  should 
be  a  Military  Commission  immediately  appointed  for  the  trial 
of  these  men  and  to  inflict  upon  the  perpetrators  of  such 


17 

crimes  their  just  punishment. 

m  ^tf  'fit  4f 

(Signed)     W.  H.  Doherty,  Capt.  and  A.  CL  M., 

President  of  the  Board. 
Burton  S.  Mills,  Capt.  14th  U.  S.  C.  A.  (Heavy). 
Jonathan  Hopkins,  2d  Lieut.  U.  S.  C.  A.  (Heavy), 
Recorder  to  Brevet  Major-Gen.  Ruger, 

Raleigh,  N.  C. 

Brief  extracts  from  the  testimony  of  some  of  the  wit- 
nesses will  throw  additional  light  upon  some  of  the  facts  and 
conclusions  set  forth  in  the  report.  The  widow  of  Jesse 
Summerlin,  one  of  the  victims,  testifies: — 

"That  she  was  only  allowed  to  see  her  husband  in  his 
dungeon  the  day  before  his  murder  and  a  short  time  before 
he  went  to  the  scaffold.  When  the  dead  body  of  her  hus- 
band was  handed  over  to  her  by  the  Sheriff,  it  had  been 
stripped  of  all  but  pantaloons.  She  carried  it  home,  got  a 
coffin,  and  buried  it.  Some  time  after,  Colonel  Baker,  of  the 
rebel  army,  visited  her  house,  took  away  her  horse,  all  her 
provisions,  and  left  her  with  five  children  in  destitute  circum- 
stances." 

The  widow  of  William  Jones  "saw  her  husband  in 
jail  the  evening  before  he  was  hung;  could  not  take  his  body 
home  for  want  of  a  conveyance.  At  first  the  Union  men 
were  afraid  to  help  her,  and  the  rebels  cursed  her;  said  'it 
was  too  good  for  him.'  She  sent  her  boy  of  15  and  her 
nephew  of  17  years  to  bring  home  the  body.     They  searched 


1 8 

for  a  long  time,  and  at  last  found  it  in  an  old  loft  in  charge  of 
a  sergeant  and  guard,  who  at  first  refused  to  give  it  up,  but 
at  last  the  surgeon  gave  it  to  them.  It  was  stripped  of  all 
covering  except  socks;  this  was  a  week  after  the  execution. 
The  son  took  the  body  home  and  buried  it.  She  was  obliged 
to  walk  five  miles;  has  five  children  and  no  home." 

The  widow  of  John  Brock  "saw  her  husband  one 
week  before  he  was  executed;  he  was  confined  in  the  dun- 
geon of  the  jail;  he  told  me  he  only  got  one  cracker  a  day, 
and  all  the  other  prisoners  said  they  only  got  one  cracker  a 
day  each.  She  fed  her  husband  and  the  others,  or  they  would 
have  starved.  Her  husband's  body,  when  delivered  to  her, 
had  been  stripped  of  the  most  of  its  clothes." 

J.  H.  Nethercutt  testified:  "these  men  were  members  of 
my  local  battalion  and  were  consolidated  into  the  66th  N.  C. 
rebel  troops.  These  men  who  were  in  this  command  never 
consented  to  the  change,  were  greatly  dissatisfied  with  it, 
never  appeared  at  the  muster  of  said  regiment,  never  an- 
swered to  their  names,  nor  were  in  any  way  active  members. 
The  men  complained  that  they  were  unfairly  dealt  with. 
Witness  believes  that  these  men  were  not  in  sy?npathy  with  the 
rebellion,  and  wanted  to  get  away  from  the  rebel  ranks,  using 
the  change  of  service  as  a  pretext;  witness  asked  Hoke  to 
reprieve  these  men;  Hoke  said  he  had  orders  to  hang  them 
and  he  would  do  so." 

Mr.  Wm.  F.  Huggins  "knew  Elijah  Kellum,  a  man  of 
deformed  body  and  broken  constitution.  I  knew  he  never 
was  received  in  any  rebel  regiment,  a?id  believe  he  never  was  a 


19 

soldier ;  no  mustering  officer  would  receive  him." 

James  B.  Wells  "was  present  at  the  court  martial  that 
condemned  William  Haddock.  His  sister,  Mrs.  McCullum, 
requested  him  to  accompany  her  there,  as  she  was  trying 
to  get  a  summons  for  a  witness  to  free  her  brother."  All  was 
refused  by  the  court,  and  neither  counsel  nor  witnesses  for  the 
prisoners  were  admitted.''' 

Mr.  G.  W.  Cox  "went  to  the  court  to  bear  testi- 
mony in  favor  of  Clinton  Cox,  v/ho  was  among  the  prisoners, 
and  had  been  a  member  of  the  bridge  guard,  and  who 
was  judged  not  guilty  of  desertion,  but  was  detained  a  prisoner 
by  the  rebels,  a?td  died  in  prison  j  thinks  the  court  was  composed  of 
Virginians  from  Pickett's  division. 

Mr.  Bryan  McCullom  "  went  to  see  Gen.  Hoke  be- 
foee  the  execution,  and  asked  for  an  order  for  the  body  of 
his  brother-in-law,  in  order  to  bury  it.  Hoke  inquired  if  he 
wanted  to  bury  him  in  a  Yankee  uniform.  He  replied  that  he 
did.  Hoke  then  expressed  surprise  that  so  respectable  a  man 
would  bury  his  brother-in-law  in  a  Yankee  uniform." 

Several  witnesses  testify  that  many  of  these  men  went 
inside  the  Union  lines  for  the  double  purpose  of  escaping 
conscription,  and  of  fighting  against  the  detested  and  cruel 
rebel  rule.  Civilians  testify  that  they  were  placed  in  jail  and 
treated  in  the  most  cruel  manner,  because  they  were  suspected 
of  entertaining  Union  sentiments. 

The  testimony  throughout  proves  most  conclusively 
that  the  most  of  these  men  who  were  executed  had  never 


been  in  the  rebel  service;  that  some  of  them  were  in  State 
organizations  for  the  purpose  of  doing  local  guard  duty,  and 
that  they  enlisted  in  these  local  companies  with  the  distinct 
understanding  that  they  were  not  to  go  out  of  the  State.  Major  J.  H. 
Nethercutt,  who  commanded  the  battalion  in  which  some  of 
these  men  were  enrolled,  says  that  they  were  consolidated  into 
the  66th  N.  C.  rebel  troops  by  order  of  the  rebel  Secretary  of 
War,  without  their  cofisent.  And  it  was  understood  that  those 
who  should  not  acquiesce  in  the  consolidation  were  to  be 
conscripted  as  soon  as  they  were  mustered  out  of  the  State 
service.  So  there  was  no  way  left  to  escape  serving  in  the 
rebel  army,  unless  they  could  make  their  way  inside  of  the 
Union  lines.  Others  had  never  been  in  either  State  or  rebel 
military  service;  consequently  had  never  committed  any  of- 
fence against  the  laws  of  State  or  rebel  government.  But 
Pickett  acted  upon  the  theory  that  all  men  ought  to  be  hung 
or  put  out  of  the  way  who  were  not  in  the  ranks  of  the  rebel 
army." 

Judge  Advocate  General  Holt,  to  whom  the  proceedings 
of  the  Board  were  submitted,  after  a  careful  review,  in  a  com- 
munication of  Dec.  12,  1865,  to  the  Secretary  of  War,  says: 
•'The  record  furnishes  no  evidence  that  the  unhappy  victims 
of  this  outrage  were  not  deserters,  so  far  as  an  abandonment 
of  a  constrained  and  hated  service  would  warrant  their  being 
stigmatized  as  such;  but,  on  the  contrary,  the  little  evidence 
on  that  point  furnished  by  the  record  tends  to  show  that  they 
were," 

These   men,  in   thus   refusing,  as   every  good  citizen 


21 

should,  to  aid  a  traitorous  cause,  could  not  have  had  any  of 
that  ^w///"  which  constitutes  desertion.  The  word  desertion,  in  a 
military  sense,  implies  guilt  and  crime,  but  assuredly  the  aban- 
donment of  a  rebel  cause  is  neither  guilt  nor  crime;  but,  on 
the  contrary,  it  is  a  merit  and  virtue,  and  ought  to  be  so  held 
and  maintained  by  a  just  government.  Desertion  implies  that 
the  authority  from  which  the  desertion  takes  place  has  a  right 
to  the  deserters  service,  which  was  not  the  case  in  the  present 
instance.  There  are  thousands  of  men  now  living  who  went 
to  Canada  from  the  United  States  during  the  rebellion  to  avoid 
serving  in  the  army,  and  the  government  has  never,  in  any 
instance,  claimed  that  these  skulkers  could  be  punished  as 
deserters.  But  if  caught  in  the  United  States  after  they  had 
been  drafted,  they  could  have  been  made  to  serve  their  full 
term  of  service.  There  can  be  no  desertion  unless  the  deserter 
has  been  regularly  mustered  into  some  branch  of  the  service 
before  the  act  of  desertion  takes  place. 

Upon  the  recommendation  of  Genl.  Holt  the  Board 
was  required  to  make  a  "further and  more  minute  investiga- 
tion," which  they  did,  and  succeeded  in  bringing  to  light 
many  more  very  important  facts.  Among  the  witnesses  ex- 
amined was  ex-Governor  Z.  B.  Vance,  of  N.  C,  who  testified 
that— 

"These  troops  were  raised  for  local  defence.  I  am 
inclined  to  think  the  Confederate  Government  did  not  keep 
faith  with  these  local  troops,  who  were  found  to  be  of  little 
benefit  to  the  service. 


"I  know  Col.  Farrabee,  who  raised  a  command  for 
local  service  on  the  Chowan  River,  was  forced  into  the 
regular  service  by  the  Confederate  Government." 

"1  did,  at  various  times,  make  appeals  to  the  Con- 
federate authorities  in  behalf  of  the  men  of  this  State.  These 
men  were  enlisted  entirely  for  local  defense,  and  every  effort  was 
made  to  transfer  these  organizations  into  the  regular  service 
of  the  Confederacy  when  they  were  found  to  be  worthless^ 

"I  myself  favored  transfer  to  the  regular  service  where 
it  could  be  done  without  violation  of  good  faith;  but  in  these 
instances  of  Nethercutt's  battalion  it  was  a  violation  of  their 
enlistment  agree  me  nt.'' 

Drury  Lacy,  adjutant  to  one  of  the  brigades  in  Hoke's 
division,  testifies  that  ' '  they  deserted  before  the  consolidation ; 
when  they  were  executed  \\\t  consolidation  had  taken  place," 

Judge  Battel,  of  the  N.  C.  Supreme  Court,  testifies  that 
"several  men  from  Lenoir  and  other  localities  came  before 
me,  claiming  that  they  had  volunteered  for  'local  service,' 
and  had  been  taken  off  into  the  regular  Confederate  service  by 
General  Hill.  It  was  not  pretended  that  they  had  been  con- 
scripted  under  a  conscription  law.  These  petitioners  in  every 
instance,  some  twenty  or  thirty,  I  discharged  on  habeas  corpus^ 
on  the  ground  that  they  7iiere  subject  to  duty  only  for  local  defence  ; 
for  bridge  guards  and  other  local  organizations  in  which  they 
had  volunteered  under  the  Confederate  Act  of  Congress,  This 
was  in  the  summer  andfiill  of  1863.  I  thought  it  a  great  out- 
rage for  General  Hill  to  take  them  off." 


23 

John  B.  Nethery,  Assistant  Adjutant-General  in  the  office 
of  the  Adjutant-General  of  the  State  at  Raleigh,  testifies  that 
he  was  at  Kingston  a  few  days  after  the  execution  in  April, 
and  recollects  that  the  people  expressed  great  regret  at  the 
execution,  feeling  that  it  was  for  a  small  offence.  When  they 
were  found  to  be  of  little  use,  an  order  was  issued  for  their 
transfer  to  the  66th  Regiment.  The  order  was  considered  a 
violation  of  the  terms  of  their  enlistment,  and  opposed  by  the 
men.  The  men  were  given  their  choice  of  going  into  the 
66th  Regiment  or  being  mustered  out  and  conscripted,  which 
amounted  to  the  same  thing— whipping  the  devil  around  the 
stump.  It  was  understood  by  the  Confederate  authorities  as 
their  organized  enlistment ;  it  was  considered  merely  a  change 
of  position  on  paper,  as  they  would  have  been  sent  to  the 
regiment  all  the  same  under  the  Confederate  conscription. 
I  think  there  was  some  objection  by  the  State  authorities. 
The  dissatisfaction  of  the  State  authorities  was  evinced  by 
protest.  The  legality  of  the  order  transferring  them  was 
declared  (by  Judge  Battel)  null  and  void.  Some  were  discharged 
under  writs  of  habeas  corpus ;  some  were  dragooned  into  the 
service,  and  others  succeeded  in  effecting  their  escape  to  the 
woods.  My  impression  is  that  they  were  not  allowed  to 
return  to  their  homes.  The  pressure  was  for  men,  and  they 
were  compelled  to  go  into  the  66th  or  be  discharged  and  con- 
scripted on  the  spot  into  the  regiment.  The  whole  thing  was 
on  paper,  and  ultimately  meant  service  in  the  66th  anyivay. 

Lieutenant-Colonel  S.    McD.    Tate,  of  the  6th  N.  C. 
rebel  regiment,  testifies  to  "seventy  odd  executions  at  Kings- 


24 

ton,"  and  says:  "Well,  it  was  a  sort  of  general  hanging 
down  there.  There  were  so  many  executions  that  I  was 
considerably  worried  at  having  to  take  my  men  over  so  often, 
as  there  was  such  deep  sand.  At  one  time  I  think  there  were 
a  dozen  hung.  My  impression  is  that  these  men  were  executed 
in  the  presence  of  Hoke's  Brigade,  as  an  examj>/e  to  such  as 
might  be  weak-kneed  amon;^  the  North  Carolina  soldiers." 

QjLiestion:  How  many  of  these  executions  did  you 
attend  } 

Answer:  "Three  or  more.  They  began  and  increased 
until  they  got  to  be  frightful.  I  think  there  were  twenty  odd 
hung  the  first  time,  but  I  am  not  positive  to  more  than  twelve, 
as  I  wish  to  be  particular.  In  our  service  we  shot  men  for 
desertion;  but  for  desertion  to  the  enemy,  which  was  a 
higher  offence,  we  hung  them,  and  1  think  that  is  why  these 
men  were  hung." 

John  Hughes,  Qjuartermaster  of  General  Hoke's  Brigade, 
says:  "1  think  the  court  was  composed  of  Virginians;  no 
North  Carolinians  or  Georgians." 

The  rebel  commander,  no  doubt,  knew  how  well  these 
"Virginia  gentlemen"  would  do  their  whole  duty,  and  the 
court  was  selected  with  special  reference  to  devotion  on  the 
part  of  its  members  to  the  interests  of  the  rebel  cause. 

But  not  the  least  interesting  of  the  developments 
brought  to  light  are  those  illustrating  the  inhumanity  and 
savage  brutality  of  General  Pickett,  who  seems  to  have  been 
a  most  willing  tool  in  the  hands  of  the  rebel  leaders. 


25 

Blunt  King,  a  private  in  the  loth  N.  C.  rebel  troops, 
testifies  that  he  "heard  a  lieutenant  say  that  they  belonged 
to  his  company."  General  Pickett  then  walked  up  to  the 
prisoners  and  said:  "What  are  you  doing  here?"  They 
answered  something  which  1  did  not  hear.  General  Pickett 
then  said:  "God  damn  you.  1  reckon  you'll  hardly  go  back 
there  again.  You  damned  rascals,  I'll  have  you  shot,  and  all 
the  other  damned  rascals  who  desert."  When  I  was  sitting 
on  a  log  at  the  door,  after  the  prisoners  had  been  taken  away, 
General  Pickett  said:  "We'll  have  a  court  martial  on  these 
fellows  pretty  soon,  and  after  some  are  shot,  the  rest  will 
stop  deserting."  I  heard  General  Pickett  say  when  within 
four  miles  of  Newbern,  when  we  went  down  on  the  march, 
"that  every  God-damned  man  who  did  not  do  his  duty,  or 
deserted,  ought  to  be  shot  or  hung." 

General  John  J.  Peck,  then  in  command  of  the  district 
of  North  Carolina,  as  soon  as  he  ascertained  that  some  of  our 
loyal  N.  C.  troops  had  been  captured  and  fallen  into  the  hands 
of  the  rebel  commander,  forwarded  to  General  Pickett  a  copy 
of  the  President's  order  of  July  20,  1865,  in  which  it  is  "  or- 
dered that  for  every  soldier  of  the  United  States  killed  in 
violation  of  the  laws  of  war,  a  rebel  soldier  shall  be  executed, " 
and  at  the  same  time  protested  against  our  captured  soldiers 
of  the  North  Carolina  regiments  being  treated  otherwise  than 
as  prisoners  of  war,  and  furnished  a  list  of  loyal  North  Caro- 
linians then  supposed  to  be  in  his  hands,  captured  during  the 
attack  upon  Newbern, 


26 

In  another  communication  to  the  same  officer,  General 
Peck  stated  that  he  refrained  from  executing  a  rebel  soldier 
until  he  should  learn  definitely  what  action  had  been  taken  by 
General  Pickett.  In  answer  to  these  several  communications 
the  rebel  General  wrote  four  letters,  all  of  them  showing  be- 
yond a  doubt  that  he  was  not  animated  by  a  sad  sense  of  duty 
alone,  but  that  he  was  criminally  forward  in  taking  human 
life,  and  was  thus  aiming  at  the  reputation  of  a  worthy  officer 
in  a  rebel  cause. 

The  people  of  the  slave  States  have  always  claimed  that 
their  special  sort  of  civilization  is  far  superior  to  that  of  the 
free  States;  and  the  natives  of  Virginia,  with  its  great  abun- 
dance of  "First  Families,"  assert  that  they,  of  all  the  South, 
are  the  keystone  of  the  noble  Southern  arch,  which  all  who 
know  must  admit  is  unique  among  the  structures  known  to 
the  history  of  the  social  compact.  It  must  be  borne  in  mind 
that  these  letters  were  written  by  an  officer  of  high  rank  in 
the  rebel  army,  a  brave  soldier  who  was  a  scion  of  the  better 
Virginia  stock,  and  a  typical  Southern  gentleman.  The  read- 
ing of  them  ought  to  convince  the  most  tender-hearted, 
among  the  loyal  people  of  the  North,  that  at  least  one  among 
our  "erring  brothers"  who  wanted  to  "depart  in  peace" 
ought  not  to  be  deprived  of  that  punishment  which  his  crimes 
so  richly  deserve  ;  not  if  every  general  in  our  army  should 
recommend  it. 

We  give  extracts  from  several  of  Pickett's  letters,  show- 
ing the  malignity  of  his  disposition  in  the  execution  of  these 
men. 


27 

"  HEADauARTERS,  Department  of  N.  C, 

Petersburg,  Va.,  February  17,  1864. 

General: 

******* 

To  your  threat  expressed  in  the  following  extract  from 
your  communication,  viz.:  "Believing  that  this  atrocity  has 
been  perpetrated  without  your  knowledge,  and  that  you  will 
take  prompt  steps  to  disavow  the  violation  of  the  usages  of 
war,  and  to  bring  the  offenders  to  justice,  I  shall  refrain  from 
executing  a  rebel  soldier  until  I  learn  your  action  in  the 
premises." 

"  I  have  merely  to  say  that  I  have  in  my  hands,  subject 
to  my  orders,  captured  in  recent  operations  in  this  depart- 
ment, some  four  hundred  and  fifty  officers  and  men  of  the 
United  States  Army,  and  for  every  man  you  hang  /  will  hang 
ten  of  the  United  States  Army." 

G.  E.  Pickett, 
Maj.-Gen,  Commanding. 
To  Maj.-Gen.  John  J.   Peck, 

U.  S.  Army,  commanding  at  Newbern. 

Headquarters,  Department  of  N.  C., 

Petersburg,  Va.,  Feb'y  17,  1864. 
General: 

Your  communication  of  the  13th  inst.  is  in  hand.  I 
have  the  honor  to  state  that  you  have  made  a  slight  mistake 
in  regard  to  numbers;  three  hundred  and  twenty-five  having 
"fallen  into  (our)  your  hands  in  (our)  late  hasty  retreat  from 
Newbern,"  instead  of  the  list  of  fifty-three  which  you  have 


28 

so  kindly  furnished  me,  and  which  will  enable  me  to  bring  to 
justice  many  who  have  up  to  this  time  escaped  their  just  deserts. 

I  herewith  return  you  the  names  of  those  who  have 
been  tried  and  convicted  by  court  martial  for  desertion  from 
the  Confederate  service,  and  taken  with  arms  in  their  hands, 
"  duly  enlisted  in  the  Second  N.  C.  Infantry,  United  States 
Army."  They  have  been  duly  executed  according  to  the  law 
and  custom  of  war. 

Your  letter  willy  of  course,  prevent  any  mercy  being  shown 
any  of  the  remaining  number,  should  proper  and  just  proof  be 
brought  of  their  having  deserted  the  Confederate  colors. 

Many  of  these  plead  in  extenuation  that  they  have  been 
forced  into  the  ranks  of  the  Federal  Government  (not  true). 
Extending  you  my  thanks  for  your  opportune  list, 
\  remain,  very  respectfully, 

Your  obedient  servant, 

G.  E.  Pickett, 
Maj.-Gen.  Commanding. 
Maj.-Gen.  J.  J.  Peck, 

Commanding  U.  S.  Forces  at  Newbern,  N.  C. 

In  a  letter  addressed  to  Adjt.-Gen,  Cooper,  of  the  rebel 
army,  dated  Feb'y  26,  1864,  this  humane  Major-General  says: 

"I  hope  the  whole  of  the  prisoners  captured  in  this 
department  will  be  held  at  my  disposal." 

This  request,  if  complied  with,  would  have  enabled 
him  to  make  good  his  threat  of  hanging  "ten  for  one." 

Let   the   reader  mark   with  what  fiendish  gusto  this 


29 

willing  butcher  in  the  inhuman  cause  of  slavery,  this  pre- 
tended vindicator  of  the  lav/s  of  warfare,  contemplates  a  real 
feast  of  cold-blooded  murder!  How  sincerely  he  thanks 
General  Peck  for  his  "opportune  list"!  How  superfluous 
the  remark,  "Your  letter  will,  of  course,  prevent  any  mercy 
being  shown  any  of  the  remaining  number,"  as  though  any 
one  acquainted  with  the  rebel  way  of  doing  business  could 
for  one  moment  suppose  that  mercy  would  be  shown  to  any 
one,  once  fairly  in  their  clutches,  who  had  been  guilty  of  the 
crime  of  loyalty  to  the  Union  cause.  If  any  there  be  who 
doubt  the  truth  of  this  assertion,  let  them  visit  the  thirty-five 
thousand  graves  around  the  prison  pens  of  the  Union  soldiers, 
situated  in  the  rebel  States! 

in  March,  1864,  the  Board  of  Officers  made  a  further 
report,  setting  forth  clearly  and  conclusively  many  important 
facts  tending  to  fix  the  guilt  of  these  unwarrantable  executions 
upon  General  Pickett.  They  find  the  facts  in  relation  to  the 
local  service  of  these  alleged  deserters  to  be  as  follows : 

"Aside  from  these  two  classes  of  troops,  the  so-called 
Confederate  Congress  passed  an  act  of  August  21,  1861,  "To 
provide  for  local  defence  and  special  service,"  whereby  certain 
volunteer  forces  were  organized  for  specific  purposes,  with 
certain  privileges.  Their  muster  rolls  specified  that  they 
were  raised  under  this  act,  setting  forth  distinctly  the  services 
to  be  performed.  They  were  not  considered  as  being  in 
actual  service  for  the  purpose  of  receiving  pay  and  subsistence, 
except  when  called  out  by  the  rebel  President.     They  were 


30 

not  to  be  called  out  until  a  necessity  arose  for  their  services. 
and  they  were  not  to  be  required  to  go  beyond  the  limits  of 
the  State  to  which  they  belonged.  They  were  expected  to 
serve  when  called  out  only  so  long  as  the  emergency  existed, 
and  then  to  return  to  their  ordinary  pursuits  again." 

The  inference  is  correct  that  the  men  who  composed 
ti\ese  local  companies  or  battalions  of  guards  were  only  in  the 
service  of  the  rebel  States  when  assembled  together  and 
ordered  to  duty  by  the  rebel  President;  and  so  soon  as  the 
special  service  had  been  performed,  they  could  retire  to  their 
homes,  and,  if  they  saw  fit,  go  inside  the  Union  lines  or  any- 
where else.  So  lo7ig  as  they  were  not  in  actual  service  they  could 
not  be  considered  deserters.  But  General  Pickett  had  no  scruples 
in  that  direction. 

The  two  last  paragraphs  of  this  report  set  forth  the 
most  important  of  all  the  conclusions  of  the  Board. 

"The  evidence  tends  towards  showing  that  the  court 
martial  before  which  they  were  brought  was  a  general  court 
martial  ordered  by  General  Pickett,  composed  principally  of 
Virginians,  although  there  seems  to  have  been  more  than  one 
court  in  session  at  the  same  time." 

While  other  prominent  rebels  seemed  to  have  been 
concerned  in  these  shameful  transactions  as  accessories,  the 
evidence  clearly  shows  that  General  Pickett  was  the  prom- 
inent authority  under  whose  direction  everything  connected 
with  the  murder  of  our  soldiers  took  place ;  and  the  Board  are 
therefore  unable,  from  the  evidence  they  have  been   able  to 


31 

collect,  to  fix  the  guilt  upon  any  subordinate  in  such  a 
manner  as  to  contain  grounds  sufficient  for  preferring  personal 
charges. 

All  of  which  is  respectfully  submitted. 

Judge- Advocate  Holt  seems  to  have  changed  his  mind 
since  his  first  communication  to  the  Secretary  of  War,  for  in 
another  letter  to  the  same  officer,  after   reading   the  further ' 
evidence,  speaking  of  General  Pickett,  he  says: 

"Not  only  does  the  imperious  and  vaunting  temper  in 
which  these  letters  are  written  indicate  his  readiness  to  com- 
mit this  or  any  kindred  atrocity,  but  his  boastful  admissions 
that  he  was  in  command  at  the  time,  and  that  twenty-two 
men  had  been  executed,  and  his  threat  that  he  would  retaliate 
in  proportion  of  ten  to  one  by  executions  among  the  450 
officers  and  men  whom,  he  says,  *  I  have  in  my  hands,  and 
subject  to  my  order,'  all  tend  to  show  that  he  was  in  respon- 
sible command,  and  furnish  evidence  upon  which  it  is  believed 
charges  can  be  sustained  against  him." 

"  It  is  therefore  recommended  *  *  *  *  that  charges 
be  preferred  against  the  said  G.  E.  Pickett,  and  such  other 
persons  as  may  be  shown  to  have  been  in  complicity  with 
him  in  these  murders,  and  their  trial  ordered.  As  a  prelim- 
inary step,  it  is  suggested  that  Pickett  be  at  once  arrested  and 
held  to  await  it,  upon  the  evidence  furnished  in  his  corres- 
pondence adverted  to,  which  is  deemed  abundantly  sufficient 
to  warrant  such  arrest." 


32 

J.  Holt, 
Judge-Advocate-Genl. 
To  the  Secretary  of  War. 

Captain  W.  H.  Doherty,  one  of  the  members  of  the 
first  Board  of  Investigation,  in  a  letter  to  Judge-Advocate- 
General  Holt,  says: 

"I  assure  you  that  it  would  strengthen  the  hands  of 
the  Government  immensly,  could  this  bad  and  cruel  man  be 
brought  to  condign  punishment,  and  our  poor,  murdered 
soldiers  be  avenged."  *  *  *  "I  thus  venture  to  trouble 
you,  because  I  know  you  share  my  feelings  of  indignation  at 
this  horrid  crime,  and  I  know  that  a  lasting  disgrace  will 
attach  to  the  United  States  Government  if  it  is  permitted  to 
pass  unpunished.  The  poor  whites  of  the  South  will  lose 
confidence  in  the  federal  power  if  thus  forsaken  and  their 
murdered  friends  unavenged." 

And  again  this  officer,  in  a  communication  to  the  Sec- 
retary of  War,  urges  that —  _ 

"The  authors  of  this  inhuman  murder  shall  be  brought 
to  trial.  *  *  *  Thus  only  can  the  honor  of  the  Govern- 
ment be  vindicated,  and  the  cruel  enemies  of  the  Union 
punished,  and  the  friends  of  the  federal  authority  sustained 
and  encouraged  in  these  Southern  States." 

Here  we  have  the  opinion  of  an  intelligent  and  earnest 
officer  who  served  through  the  rebellion,  and  has  resided  in 
the  vicinity  where  these  outrages  occurred. 

Soon  after  these  communications  were  received  General 


33 

Holt  again  urged  upon  the  Secretary  of  War  the  importance 
and  necessity  of  having  General  Pickett  arrested  and  brought 
to  trial. 

In  a  communication  under  date  of  Dec.  lo,  1864,  to 
the  President,  the  Secretary  of  War  gives  his  reasons  why  he 
has  not  followed  the  course  suggested  by  General  Holt,  which 
are  set  forth  in  the  closing  paragraph  of  his  communication, 
and  are  as  follows,  viz.:  "Taking  into  consideration  the 
action  of  the  Supreme  Court  of  the  United  States  in  the  case 
of  Milligan  and  others,  who  had  been  tried  and  convicted  by 
a  military  commission,  and  the  doubts  cast  upon  the  jurisdic- 
tion of  such  tribunals,  the  Secretary  of  War  has  not  felt 
authorized  to  pursue  the  course  recommended  by  the  Judge- 
Advocate-General  until  the  opinion  of  the  Supreme  Court 
should  be  formally  promulgated  The  magnitude  of  the 
offence  alleged  against  Pickett  is  such  that  there  should  be  no 
reason  to  contest  the  jurisdiction  of  the  tribunal  to  whom  his 
trial  may  be  committed." 

A  more  perfect  and  complete  case  of  atrocious  guilt 
was  never  proved  in  any  court  of  law  than  is  here  made  out 
against  this  great  criminal.  Testimony  is  multiplied  to  such 
an  extent  that  the  most  common  understanding  cannot  fail  to 
identify  the  monster  who  ordered  this  Dahomean  feast  of 
murder,  fit  only  to  disgrace  the  pages  of  barbarian  history, 
it  would  seem  bad  enough  that  this  man  should  escape  jus- 
tice; but  now  comes  his  application  for  pardon,  with  the 
much-abused  oath  of  allegiance,  all  in  due  form,  presented  in 


34 

the  coolest  possible  manner,  with  the  humiliating  indorse- 
ment of  the  highest  officer  in  our  army,  urging  that  the 
pardon  asked  for  shall  be  granted. 

For  the  more  perfect  elucidation  of  this  case,  and  in 
order  that  the  reader  may  see  how  the  highest  functionaries 
of  his  country  are  stooping  from  their  lofty  position  of  vindi- 
cating authority  to  the  degrading  condition  of  compounding 
with  treason  and  taking  from  the  basest  of  crimes  its  legiti- 
mate sting — eradicating  from  the  public  mind  all  idea  of  the 
possibility  of  crime  against  a  free  government,  we  give  this 
Pickett's  application  for  pardon;  the  endorsement  upon  it  by 
our  Secretary  of  War;  Pickett's  pathetic  appeal  to  General 
Grant,  and  finally  General  Grant's  favorable  endorsement 
upon  the  appeal. 

Pickett's  Application  for  Pardon. 

Richmond,   Va.,  June  i.    i86t. 
Sir: 

I  have  the  honor  to  state  that  your  amnesty  proclama- 
tion of  the  29th  day  of  May,  1865,  has  just  been  read.  I  find 
myself  among  the  classes  of  persons  excepted  from  the  benefits 
of  the  proclamation  under  exceptions  third,  fifth  and  eighth. 
Having  held  the  rank  of  major-general  in  the  Confederate 
States  Army,  resigning  my  position  as  captain  United  States 
Army,  and  being  a  graduate  of  West  Point,  I  write,  making 
a  special  application. 

At  the  commencement  of  our  domestic  troubles  1  was 


stationed  on  the  disputed  island,  San  Juan,  occupying  it  con- 
jointly with  the  British  forces,  and  did  not  leave  till  my 
resignation  had  been  sent  in,  and  I  properly  relieved  by  the 
commanding  officer  of  the  Department  of  the  Pacific,  and 
leave  granted  me  to  proceed  to  my  home,  and  then  only 
through  the  conscientious  duty  (as  I  conceived)  to  my  mother 
State — Virginia.  Had  she  not  have  seceded,  /should  not  have 
been  in  the  Confederate  army,  as  no  one  was  more  attached 
to  the  old  service,  nor  ever  stood  by,  and  fought  for  it  with 
more  fidelity,  nor  could  any  one  have  been  sadder  and  more 
loth  to  leave  it  than  I,  who  from  my  youth  had  been  so 
devoted  to  it;  and  1  now  am,  and  have  been  since  the  sur- 
render of  General  Lee  (to  whose  army  I  belonged),  willing 
and  ready  to  renew  my  allegiance  as  a  loyal  citizen  to  the 
United  States  Government,  and  have  advised  and  counselled 
all  men  belonging  to  my  division  to  return  to  their  homes  and 
the  peaceful  pursuits  of  life;  to  take  the  oath  of  allegiance,  and 
observe  with  scrupulous  truth  its  stipulations,  and  to  faith- 
fully obey  the  laws  of  their  country.  My  wish  as  expressed 
is  a  sincere  one,  and  this  communication  addressed  with  the 
hope  that  the  liberality  spoken  of  in  the  amnesty  proclamation 
may  be  extended  to  cover  my  case. 

I  have  the  honor  to  be,  sir,  very  respectfully, 

Your  obedient  servant, 

G.  E.  Pickett, 

Major-General  C.  S,  Army. 


36 

Office  of  Provost  Marshall, 

Richmond,  Va.,  June  i6,  1865. 
1,  G.  E.  Pickett,  of  Nansemond  Co.,  Virginia,  do 
solemnly  swear  or  affirm  in  presence  of  Almighty  God,  that  I 
will  henceforth  faithfully  support  and  defend  the  Constitution 
of  the  United  States,  and  the  union  of  the  States  thereunder; 
and  that  1  will,  in  like  manner,  abide  by  and  faithfully  support 
all  laws  and  proclamations  which  have  been  made  during  the 
existing  rebellion  with  reference  to  the  emancipation  of  slaves, 
so  help  me  God. 

G.  E.  Pickett, 
Major-General  C.  S.  Army. 

Endorsement  of  Stanton. 

G.  E.  Pickett,  Va. — Rebellion. 

Ex-U.  S.  a. — Filed  June  19,  1865. 

The  Secretary  of  War  reports  that  Genl.  Pickett  stands 

charged  with  the  unlawful  hanging  of  twenty-two  citizens  of 

North  Carolina,  and  the  case  is  now  under  investigation  in 

North  Carolina. 

Edwin  M.  Stanton. 

Pickett's  Appeal  to  Grant. 

Washington,  D,  C,  March  12,  1866. 
General: 

1  have  the  honor  to  state  that  shortly  after  the  sur- 
render of  the  Confederate  forces  under  command  of  Gen.  R.  E. 
Lee  to  Gen.  U.  S.  Grant,  Commander-in-Chief  United  States 
Army,  in  the  past  year,  being  at  the  time  paroled  by  the  last- 


37 

named  officer,  I  made  a  communication  to  his  Excellency  the 
President  of  the  United  States,  asking  for  his  elemency. 

The  papers  in  the  case  were  presented  by  ex-Senator 
O.  H.  Browning,  of  Illinois,  for  the  consideration  of  the 
Executive. 

They  consisted  of  the  application  above  referred  to,  the 
required  oath,  a  recommendation  from  Gov.  Pierpoint,  of 
Virginia,  and  certain  statements  from  officers  of  the  Confede- 
rate service — members  of  a  general  court-marshal — in  reference 
to  the  execution  of  a  number  of  deserters  from  said  service 
while  I  was  in  command  of  the  Department  of  North  Carolina, 
in  1863. 

My  object  now,  General,  in  presenting  this  paper,  is 
to  ask  your  favorable  consideration  of  my  case,  and  that  you 
will,  if  you  believe  in  my  sincerity,  for  which  I  have  pledged 
you  my  honor  as  an  officer  and  a  gentleman,  put  such  an 
indorsement  upon  it  as  will  obtain  from  his  Excellency  the 
President  a  guarantee  that  I  may  be  permitted  to  live  un- 
molested in  my  native  State,  where  I  am  now  trying  to  make 
a  subsistance  for  my  family  (much  impoverished  by  the  war), 
by  tilling  the  land. 

It  has  come  to  my  knowledge  that  certain  evil-disposed 
persons  are  attempting  to  re-open  the  troubles  of  the  past, 
and  embroil  me  for  the  action  taken  by  me  while  the  com- 
manding officer  of  the  Confederate  forces  in  North  Carolina. 

I  acted  simply  as  the  general  commanding  the  De- 
partment. 


38 

Certain  men,  deserters  from  a  North  Carolina  regiment, 
were  taken  with  arms  in  their  hands  fighting  against  the 
colors  under  which  they  had  enlisted. 

Charges  were  preferred  against  them,  a  regularly  or- 
ganized court-marshal  was  assembled,  composed  of  officers 
from  North  Carolina,  Georgia  and  Virginia,  before  whom  the 
men  were  tried.  The  evidence  in  the  cases  being  perfectly 
unmistakeable,  the  men  being  identified  by  members  of  their 
old  regimental  comrades,  they  were  found  guilty  and  con- 
demned to  be  hung. 

The  sentences  were  approved  by  me,  and  they  were 
duly  executed  according  to  the  custom  of  war  in  like  cases. 
My  action  was  sanctioned  by  the  then  Confederate  Govern- 
ment. If  the  time  has  not  arrived  for  the  executive  clemency 
to  be  extended  to  my  case  (and  which  point  I  am  not  now 
pressing),  I  merely  wish  some  assurance  that  I  will  not  be 
disturbed  in  my  endeavors  to  keep  my  family  from  starvation, 
and  that  my  parole,  which  was  given  in  good  faith,  may 
protect  me  from  the  assaults  of  those  persons  desirous  of  still 
keeping  up  the  war  which  has  ended,  in  my  humble  opinion, 
forever. 

Appealing  to  you  as  a  soldier,  and   feeling   confident 

you  will  appreciate  my  position,  I  sign  myself,  which  much 

esteem, 

Your  obedient  servant, 

George  E.  Pickett. 
Lieut. -Gen.  U.  S.  Grant, 

Commanding  Armies  United  States,  Washington,  D.  C. 


39 

Indorsement  by  General  Grant, 

"Respectfully  forwarded  to  his  Excellency  the  Presi- 
dent of  the  United  States,  with  the  recommendation  that 
clemency  be  extended  in  this  case,  or  assurances  given  that 
no  trial  will  take  place  for  the  offences  charged  against  G.  E. 
Pickett. 

During  the  rebellion,  belligerent  rights  were  acknowl- 
edged to  the  enemies  of  our  country,  and  it  is  clear  to  me 
that  the  parole  given  by  the  armies  laying  down  their  arms 
protects  them  against  punishment  for  acts  lawful  for  any 
other  belligerent.  In  this  case  I  know  that  it  is  claimed  that 
the  men  tried  and  convicted  for  the  crime  of  desertion  were 
Union  men  from  North  CaroHna,  who  had  found  refuge  within 
our  lines  and  in  our  service.  The  punishment  was  a  harsh 
one,  but  it  was  in  time  of  war,  and  when  the  enemy,  no 
doubt,  felt  it  necessary  to  retain  by  some  power  the  services 
of  every  man  within  their  reach.  Gen,  Pickett  I  know  personally 
to  be  an  honorable  man,  but  in  this  case  his  judgment  prompted  him 
to  do  what  cannot  well  be  susiaitied,  though  I  do  not  see  how  good, 
either  to  the  friends  of  the  deceased,  or  by  fixing  an  example  for  the 
future,  can  be  secured  by  his  trial  now.  It  would  only  open  up 
the  question  whether  or  not  the  Government  did  not  disregard 
its  contract  entered  into  to  secure  the  surrender  of  an  armed 

enemy." 

U.  S.  Grant, 

Lieut. -General. 
March  i6,  1866. 


40 

Let  the  reader  who  has  once  gloried  in  the  best  and 
proudest  title  of  General  Grant — in  his  title  of  "Uncondi- 
tional Surrender  Grant" — observe  with  what  solicitude  he 
now  urges  that  assurances  should  be  given  this  rebel  Pickett 
that  he  shall  not  be  disturbed.  Let  the  reader  note  this,  and 
then  think  of  that  rebel  "dead  line,"  established  by  such  as 
Pickett,  to  which,  if  the  prisoner  approached  too  near  with 
rotting  feet  and  idiotic  brain,  to  reach,  perhaps,  the  garbage 
beyond  for  which  he  was  famishing,  he  was  shot  dead,  and 
often  considered  it  a  mercy  even  so  to  die.  The  inhuman  and 
atrocious  severities  practiced  upon  Union  soldiers,  when  made 
prisoners,  placed  the  rebel  leaders  beyond  the  pale  of  Christian 
warfare,  and  yet  this  honorable  traitor  claims  the  exercise  of 
the  laws  of  war  in  his  own  case,  while  he  refused  it  to  others. 
General  Grant  claims  to  have  made  a  "contract"  with  these 
traitors,  rebels  and  assailants  of  free  government,  to  procure 
the  protection  of  the  guilty  parties;  that  is,  the  rebel  leaders, 
in  order  to  secure  their  surrender  to  our  arms;  and,  as  a  con- 
dition, he  consents  to  give  up,  abandon,  sacrifice  twenty-two 
of  those  humbler  servitors  of  our  cause,  by  whose  generous 
efforts  he  has  been  raised  to  the  position  which  he  now  holds, 
and  the  country  has  thus  far  been  sustained  against  its  foes! 
What  government  can  ever  thus  abandon  its  defenders  to  its 
foes  and  have  the  respect  of  its  subjects  or  of  mankind? 
What  would  be  more  humiliating  to  a  people  than  to  think 
that  it  owes  its  peace  to  the  craven  sacrifice  of  its  defenders — 
yes,  and  not  only  of  its  defenders,  but  of  the  principles  of 
justice,  and  even  of  mercy  itself.? 


41 

And  what,  let  it  be  asked,  have  we  gained  by  this 
disgraceful  abandonment  of  our  friends  ?  Who,  in  truth,  can 
give  a  satisfactory  answer  to  this  pertinent  living  question? 

There  are,  probably,  but  a  small  proportion  of  the 
intelligent  people  of  the  world  who  believe  that  truth  is 
stranger  than  fiction;  and  yet  fiction,  to  a  considerable 
degree,  is  only  the  startling  incidents  of  all  ages  brought 
together,  and  woven  into  romances  and  tales  written  ta 
amuse. 

Those  who  live  a  hundred  years  hence  will,  if  the 
history  of  our  country  for  the  last  six  years  is  truly  written, 
believe  that  this  was  the  great  age  of  fiction,  and  that  our 
rebellious  citizens,  and  many  of  their  acts,  were  not  realities. 
A  few  years  ago  they  would  have  been  thought  impossible 
beings,  but  it  was  left  for  the  great  war  of  the  nineteenth 
century  to  tear  the  mask  from  slavery,  and  expose  the  monster 
in  all  its  horrible  aspects.  The  scarred,  bleeding  and  naked 
forms  of  its  victims  have  been  laid  before  us,  and  the  sword 
of  vengeance  fallen  not  only  on  those  who  have  sinned  most, 
but  also  on  those  who  have  permitted  a  long  series  of  un- 
speakable atrocities  to  tarnish  the  history  of  our  so-called 
civilization. 

History  is  full  of  wonderful  truths,  many  of  them  far 
too  sublime  for  the  common  understandiug  to  comprehend, 
and  others  far  too  inhuman  for  the  cultivated  and  good  to 
believe.  To  the  latter  class  belongs  the  history  of  the  cruel 
and  bloodthirsty  slaveholders'  rebellion,  and  the  future  his- 


42 

torian,  if  he  tells  one-half  of  the  whole  truth,  will  be  doubted 
by  many,  and  condemned  by  others,  as  the  relator  of  imaginary 
horrors. 

How  many  are  there  among  us  now  who  can  believe 
that  a  human  being  with  a  fair  share  of  natural  gifts,  highly 
educated  at  an  institution  under  the  care  of  a  paternal  and 
enlightened  Government,  could,  in  these  times,  take  pleasure 
in  ordering  twenty-two  human  beings  to  an  ignominious 
death!  We  search  in  vain,  through  the  whole  length  of  the 
sickening  narration,  for  the  evidence  of  one  touch  of  humanity 
on  the  part  of  those  who  were  chiefly  instrumental  in  bring- 
ing about  this  unspeakable  horror.  But,  on  the  contrary,  the 
chief  criminal  acted  like  an  insatiable  fiend,  and  those  who 
were  under  his  orders  seemed  most  eager  to  do  their  master's 
bidding. 

And  now  comes  the  injured  innocent,  unconscious  of 
having  done  any  wrong,  and  asks  for  pardon;  and  when  he 
is  informed  that  some  meddlesome  persons  question  the  pro- 
priety of  granting  him  Executive  absolution,  and  restoring 
him  again  to  full  communion  in  the  union  which  he  tried  so 
long  to  destroy,  he  complains  to  the  general  of  all  our  armies 
that:  "//  has  come  to  my  knoivledge  that  certain  EVIL-DIS- 
POSED persons  are  attempting  to  re-open  the  troubles  of  the  past^ 
and  embroil  me  for  action  taken  by  me  while  commanding  officer  of 
the  Confederate  forces  in  North  Carolina. "  Was  there  ever 
anything  more  delightfully  cool  ?  And  with  what  innocent 
amiability  he  arrays  his  suffering  family  to  public  view,  in  an 


43 

afTecting  tableau  attitude,  asking  for  that  mercy  which  he  and 
the  usurped  authority  which  he  served  so  recklessly  and 
inhumanly  withheld  from  thousands  of  famishing  and  rotting 
Union  soldiers!  And  were  the  families  of  those  North  Caro- 
line soldiers  of  no  account  ? 

Not  less  remarkable  than  the  letter  itself  is  the  indorse- 
ment of  Generel  Grant  upon  the  back  of  it.  Let  us  imagine 
Benedict  Arnold  at  the  end  of  the  revolution  asking  pardon 
and  writing  a  similar  personal  letter  to  General  Washington. 
How  would  this  language  appear,  coming  from  him  in  an- 
swer to  the  application  : 

"General  Arnold  1  know  personally  to  be  an 
honorable  man,  but  in  this  case  his  judgment  prompted 
him  to  do  what  cannot  well  be  sustained,  though  1  do 
not  see  how  good,  by  fixing  an  example  for  the  future, 
can  be  secured  by  his  trial  now." 

A  Strange  model  for  an  "honorable  man " I  And  yet, 
Benedict  Arnold  was  not  educated  at  the  expense  of  the 
Government;  he  had  never  caused  the  murder,  in  cold  blood, 
of  twenty-two  innocent  men ;  nor  committed  one-twentieth 
of  the  crimes  traced  to  the  hands  of  this  man  Pickett.  Arnold 
was  a  traitor  only.  When  he  lived,  treason  was  treated  as  an 
infamous  crime,  and  would  have  been  punished  as  such  had  he 
been  caught.  Now  it  seems  to  be  looked  upon  by  a  con- 
siderable number  of  our  higher  officials  as  rather  an  honorable 
distinction. 

The  last  two  or  three  lines  of  the  indorsement  of  Gen- 


44 

eral  Grant  deserve  more  than  a  passing  notice.  Writing, 
evidently,  after  careful  deliberation,  he  says:  "It  would  only 
open  up  the  question  whether  or  not  the  Government  did  not 
disregard  its  contract  entered  into  to  secure  the  surrender  of 
an  armed  enemy."  What  contract  did  the  Government  enter 
into  when  it  enlisted  those  loyal  North  Carolinians  in  its 
service  ? 

It  may  well  be  asked:  What  was  the  necessity  for 
entering  into  a  "contract"  to  induce  a  surrender,  practically 
in  sight  and  ready  to  be  made.?  It  is  time  that  a  patient  and 
far  too  lenient  nation  should  understand  some  of  this  unmanly 
juggling  by  which  their  rights  are  forfeited.  There  ought  not 
to  be  but  one  voice  throughout  the  loyal  States  in  relation  to 
the  surrender,  at  Appomatox,  of  the  right  to  meet  out  justice 
to  rebel  leaders. 

All  agree  in  one  fact;  and  that  is,  that  there  was  not 
the  least  necessity  for  a  capitulation,  or  a  "contract."  If 
General  Grant  had  demanded  an  unconditional  surrender,  he 
would  have  done  what  the  army  desired,  and  were  ready  to 
enforce,  and  what  the  loyal  people  had  a  right  to  expect  he 
would  do.  Many  of  his  friends  claim  for  him  that  President 
Lincoln  gave  him  instructions  as  to  what  terms  were  to  be 
granted  to  defeated  rebels.  Others  say  it  was  Seward.  If 
this  be  so,  it  is  time  that  the  fact  should  be  known ;  for  the 
nation  is  still  passing  through  hours  of  trial  and  peril,  its 
life  rests  upon  sincerity  and  truth,  and  no  respect  of  persons 
should  weigh  against  its  safety.     Let  it  be  known  who  it  is 


i..of(l 


45 

that  has  prevented  justice  being  done  to  criminals  who  have 
committed  crimes  and  inflicted  tortures  which  would  disgrace 
the  annals  of  the  darkest  deeds  of  the  middle  ages.  An  out- 
raged and  patriotic  people  look  to  the  men  whom  they  have 
placed  in  positions  of  power,  not  to  aid  and  abet  in  com- 
pounding with  criminals,  however  honorable  or  high-minded, 
but  to  see  that  all  the  nation's  sacrifices  have  not  been  made 
in  vain,  and  that  those  who  were  the  instigators  and  the 
great  moving  spirits  in  the  causeless  rebellion  shall  be  punished 
as  their  crimes  deserve.  They  ask  "that  treason^shall  be 
made  so  odious,  and  traitors  so  severely  punished,"  that  those 
who  have  embarked  in  it  once  and  failed  will  never  again 
dare  to  undertake  such  a  perilous  enterprise  as  the  destruction 
of  a  nation. 

If  we  go  back  a  few  years  more  than  a  century,  we 
find  English  authorities  executing  three  or  four  hundred  of 
the  followers  of  the  Pretender,  and  among  them  a  score  of  the 
principal  nobles  of  Scotland.  Then,  if  we  keep  on  in  our 
investigations  of  British  history,  we  shall  overtake  the  so- 
called  Indian  mutinies,  where  an  obliterated  people  tried  to 
regain  a  whole  nationality  stolen,  and,  failing,  were  blown  up 
in  their  houses  and  blasted  from  the  mouths  of  cannon,  in 
order  that  English  ideas  of  justice  might  be  satisfied.  A  few 
short  months  ago,  British  officers  gave  the  world  another 
example  of  justice,  and  streams  of  blood  poured  down  the 
sides  of  the  mountains  in  the  island  of  Jamaica.  And  now 
there  are  a  reasonable  number  of  Fenians  under  sentence  of 


46 

life-long  transportation.  It  is  quite  evident  that  treason — 
unsuccessful  rebellion,  or  revolt  of  any  kind — is  treated  by 
the  English  as  a  crime.  And  wherein  does  Republican 
government  differ  in  this  respect  from  any  other  form  of  gov- 
ernment; except  only  in  this,  that  treason  against  2i  free 
government  is  more  criminal  than  against  any  other  ? 

Hungary,  Poland  and  other  submerged  nations  have 
often  paid  the  penalties  of  rebellion.  No  fact  is  better  settled 
than  that  traitors  and  rebels  have  always  been  punished.  But 
we,  in  the  assumed  perfection  of  our  asserted  superior  civiliza- 
tion, have  invented  some  sort  of  a  maudlin  idea  about 
wholesale,  indiscriminate  magnanimity,  and  high  Christian 
forgiveness.  Wholly  mistaking  the  spirit  of  Christian  charity, 
we  throw  down  every  bar  to  the  progress  of  licentiousness, 
and  deceive  ourselves  with  the  fancy  that  we  are  practicing 
the  Christian  virtues.  In  a  wild  chase  after  impracticable 
chimeras,  in  a  course  directly  opposed  to  reason  and  to  the 
experience  of  mankind,  which  have  recognized  the  necessity 
of  punishing  crime  in  all  ages,  we  are  giving  way  to  unworthy 
expedients,  stratagems  and  empty  demonstrations  of  all 
kinds,  and  wholly  forgetting  that  it  is  Justice  that  exalteth 
a  nation. 


Notice — In  its  appropriate  connection  ought  to  have  been  mentioned,  the 
fact,  that  Mr.  Dawson  died  without  having  published  any  of  his  rebellion 
material. 

In  the  second  line  of  the  third  paragraph  page  eleven,  read  is  for  are. 


^^ 


ASSASSINATION  OF 
LOYAL  NORTH  CAROLINIANS 
R  SERVING  IN  THE 
1  UNION  ARMY. 


E 

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LBM»'t)5 


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